WC refile?

[leeleeblue]

What is the name of your state? PA

Hubby was hurt on the job a few years ago and sued for WC (they refused to pay). He won a settlement a year and a half later from the company's insurance carrier. The injury was a repetitive motion injury and has since resurfaced (Ulnar Tunnel). He did not have surgery but has permanent nerve damage. He works for a new company, can he file a claim for the exacerbated injuries without suing his company (he really likes it there but the pain is becoming unbearable and his company does not offer medical insurance)?

 

[seniorjudge]

What is the name of your state? PA

Hubby was hurt on the job a few years ago and sued for WC (they refused to pay). He won a settlement a year and a half later from the company's insurance carrier. The injury was a repetitive motion injury and has since resurfaced (Ulnar Tunnel). He did not have surgery but has permanent nerve damage. He works for a new company, can he file a claim for the exacerbated injuries without suing his company (he really likes it there but the pain is becoming unbearable and his company does not offer medical insurance)?

File the claim; you'll never know the answer till you try.

 

[leeleeblue]

But... where do we file it? With his present company or with WC? Sorry if they questions sound silly, but we cannot reach the lawyer who handled his case (he left the law firm and no one there will give us his info). I've tried searching for him via the internet, but I don't know if he left the state or left the law field.

This is a great forum and I thank everyone who answers my silly questions.

 

[weenor]

File with the former company and let them bring in the current company. They will... Recovery depends on whether there is recurrence or an aggravation. Rest assured much time will be spent by the insurance companies with regard to who pays. Find another lawyer because this is going to get complicated.

 

[leeleeblue]

Ok, another question and then no more, I promise.... Where and with whom do we file in naming the former company (or is that the lawyer's job)? (I guess that was three and not one, lol) Thank you again everyone.

 

[rmet4nzkx]

Ok, another question and then no more, I promise.... Where and with whom do we file in naming the former company (or is that the lawyer's job)? (I guess that was three and not one, lol) Thank you again everyone.

First of all, you should find your papers from the settlement and see whether they include future medical, then find a worker's comp attorney and proceed from there. He should also make sure that they do an ergonomic study of his work station and ask for ADA accommodations if necessary, having a properly designed work station can save him and his employer pain and money. Your husband would want to avoid surgery if at all possible especially if it can be avoided by an appropriate work station or learning how to work safely, these will be mitigating factors in any potential litigation.

 

[weenor]

Ok, another question and then no more, I promise.... Where and with whom do we file in naming the former company (or is that the lawyer's job)? (I guess that was three and not one, lol) Thank you again everyone.

As rmet said pull out the settlement paperwork and take it to a lawyer. If future medical has not been closed, the lawyer will send a letter to the insurer of the former employer or to the former employer itself. All I was saying before is that the former employer will say that your hubby's current job is the problem and the finger pointing will begin.

If future medical was closed, your lawyer will have to prove that the current job aggravated or caused his condition in order to receive treatment and compensation from the insurer of the current employer.

 

[leeleeblue]

I'll have to get all that out and see, but I do remember the lawyer telling the hub that if the injury does get worse (regardless where he works), that he can reopen the claim (we just didn't know if we needed a new lawyer, etc.).

Thanks so much everyone, I really appreciate your help.

 

[rmet4nzkx]

YOu are welcome.